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煤矿不按《劳动合同法》的规定与矿工订立合同,矿工病亡后家属代为向煤矿主张双倍工资。近日,重庆市云阳县法院审理这样一起追索劳动报酬纠纷案,一审以刘某与煤矿形成事实上的劳动关系,且煤矿在《劳动合同法》施行后也一直未与刘某订立劳动合同为由,支持了矿工家属的诉讼请求,判决煤矿支付矿工家属因煤矿未与矿工订立劳动合同的双倍工资1.3万余元。宣判后,煤矿不服,向重庆市第二中级人民法院提起上诉,二中院经开庭审理,认为一审程序合法、事实清楚、适用法律准确,遂作出驳回煤矿上诉理由,维持一审判决结果的终审裁定。
The coal mines do not contract with the miners according to the provisions of the Labor Contract Law. When the miner dies, the family members claim double the salary from the coal mines. Recently, Yunyang County Court of Chongqing Municipality trial such a labor dispute case recourse, the first instance to Liu and the formation of a de facto labor relations with the coal mines, and the coal in the “Labor Contract Law” has also been implemented without a labor contract with Liu On the ground that they supported the claims of miners' families and sentenced the miners to pay 1.3 million yuan of double the wages they paid to the families of miners for not signing labor contracts with the miners. After the verdict, the coal mine appealed to the Second Intermediate People's Court of Chongqing Municipality. The Second Intermediate People's Court heard the case and held that the first instance procedure was legal and the facts were clear and the applicable law was correct. The court finally dismissed the grounds for appealing the coal mine and upheld the verdict of the first instance verdict .